Browsing by Author "Hertwig, Daniela"

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Enforced Disappearance: An International Crime and its Development
(Te Herenga Waka—Victoria University of Wellington, 2013) Hertwig, Daniela; Riordan, Kevin
This paper gives an overview over the development of the international crime of enforced disappearance. First its showing the historic process of developing of the crime and has a further look to the modern practice of the crime. Afterwards it shows the violation of individual human rights violation and the consequences for international criminal law. It follows a examination of the individual treaties which should protect and prevent enforced disappearance. The main focus is here the Convention for the Protection of All Persons from Disappearance and the Rome Statute for the International Criminal Court. They are the latest development for the protection of the crime. They are both established to criminalize enforced disappearance but they do it in different ways. That is why the protection still is not sufficient and they could weaken the harmony in international criminal law because they have different approaches.
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Standard Business Terms: The Life Belt for the Drowning Consumer
(Te Herenga Waka—Victoria University of Wellington, 2013) Hertwig, Daniela
Standard business terms are playing an important part in everyone’s life. Almost every contract includes them. These contract are provided by the trader and the consumer most of the time has only the option to accept or abandon the product. The trader therefore has the opportunity to compile unfair terms. Several jurisdictions have enacted legislation which protects the consumer against unfair terms. New Zealand has no such legislation. This paper shows that New Zealand should introduce legislation against unfair standard business terms. It considers the current protection and shows that this protection is not sufficient. One of the primary aims of the European Union is to protect the consumer. Since every Member State had different or no legislation to protect the consumer in this regard it issued a Directive to establish a minimum level of protection. Germany and the United Kingdom had to implement it in their legislation and performed it in different ways. Influenced by the EU Australia enacted legislation to protect the consumer against unfair terms. The paper compares the different attempts and derives a recommendation for New Zealand.
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Surrogacy
(Te Herenga Waka—Victoria University of Wellington, 2012) Hertwig, Daniela
Surrogacy is a controversial issue that is the reason why it is treated differently throughout the world. This is related to the fact that this topic involves a lot of moral and ethic aspects. That can be confirmed in following facts, for example there are still people who compare surrogacy with baby selling and prostitution. On the other hand there are others who say there should be freedom of contract and women should be allowed to sell their body. In a lot of countries there is a ban on surrogacy contracts. Other countries on the other hand have no regulation, so that the parties operate in a grey area. Surrogacy is for most couples the last way to have children that makes them a target for exploitation. Although the couple seems to be in a weak position most views in exploitation lays on the woman who agrees to bear a child. The question is can a surrogacy contract be treated like a normal consumer supplier contract? Should it be treated differently? The first part of the paper will show a definition of surrogacy and why it is still an option although it is controversial. It will point out that most of the couples use surrogacy as the last solution. This paper will conclude that children are not harmed through such a contract and surrogates are not exploited. In part IV this paper presents the legislation in New Zealand. It starts with the NECHAR which submits guidelines regarding surrogacy followed by the HART Act which is the only New Zealand regulation. It then goes on with case law which were the template for the regulation. In part V surrogacy agency will be introduced and how the balance between the parties can change when a surrogacy agency is involved. In part VI of this paper there will be examples from other jurisdiction and how they treat surrogacy and the problems which occur. It will describe that a complete regulation is possible. On the other hand the most security can be produced when surrogacy is completely banned. In the conclusion there will be suggestions how the legislation in New Zealand could be changed without banning surrogacy.